 LOS ANGELES VIOLENT CRIMES LAWYER Crimes involving violence are the most harshly punished crimes in California. Many violent crimes are subject to California's three strikes law, leading to substantially enhanced sentences for repeat offenders. California imposes some of the harshest punishments in the nation on violent offenders. ASSAULT (More Aggravated Assault Info) Assault is one of the most commonly misunderstood crimes. Pursuant to PC 240, assault does not require any hitting or any injury. Rather, acting a way likely to produce injury to another while having the present ability to cause the injury. Assault is a misdemeanor, subject to up to 6 months in a county jail and a fine of up to $1000. There are many defenses to assault, including self-defense/defense of others, false accusation/misidentification, lack of intent and lack of present ability. Assault with a Deadly Weapon, or "aggravated assault" PC 245(a)(1) is charged when a weapon is used or when the assault results in a serious injury. "Aggravated assault" is a "wobbler" and may be charged as either a felony or a misdemeanor. If charged as a felony, it may also result in a "strike" being charged, having serious consequences for future convictions of any kind. BATTERY Battery is the willful use of force or violence upon another. PC 242 essentially makes it a misdemeanor to hit another person. If the use of force or violence causes serious injury, PC 243(d), "aggravated battery" will be charged. PC 243(d) is a "wobbler" and can be charged as either a misdemeanor or felony, with maximum penalties of up to 4 years in state prison and a possible "strike". Defenses include: lack of intent, self-defense/defense of others, and that the injuries caused were not serious. CRIMINAL THREATS (More Criminal Threats Info) PC 422 makes it unlawful to threaten to kill or injure another person. Not all threats, however, constitute criminal threats. The threat must be imminent, explicit, specific, unequivocal, unconditional, and place the alleged victim in actual and reasonable fear for their life or safety. This leaves open a wide range of defenses. For example, saying "if you come to my house, I'm going to kill you" is not a criminal threat because it is conditional. Similarly, a threat that the alleged victim does not take seriously or that a reasonable person would not take seriously is not a criminal threat. Criminal threats do not need to be made in person. Threatening someone over the phone or via e-mail or text message can qualify as well. PC 422 is a "wobbler" and can be charged as a misdemeanor or felony. A felony criminal threat is a "strike". DOMESTIC VIOLENCE (More Domestic Violence Info) Domestic violence cases are especially complex. Heated arguments sometimes lead to false accusations. At the same time, real victims of serious domestic abuse are often unwilling to come forward. This makes Domestic Violence cases particularly difficult for law enforcement, prosecutors, victims and especially the accused. Domestic Violence incidents are typically charged under two penal code sections. PC 273.5 makes it a crime to inflict a visible injury on a spouse, cohabitant, former cohabitant, etc. PC 273.5 can be charged as wither a misdemeanor or felony and can, as a felony, carry a sentence of up to 4 years in prison. PC 243(e)(1), spousal battery, is a battery committed upon someone with whom the defendant has or has had a relationship. Unlike PC 273.5, spousal battery does not require a visible injury. PC 243(e)(1) is a misdemeanor and carries a sentence of up to one year in the county jail. All domestic violence offenses are also subject to the imposition of mandatory domestic violence and/or anger management counseling classes. FALSE IMPRISONMENT/KIDNAPPING (More Kidnapping Info) Under PC 236 it is a crime to wrongfully detain, restrain or confine another person without his or her consent. False imprisonment can be charged as a misdemeanor, or a felony (if there is violence, a threat or the use of fraud/deceit). Kidnapping, pursuant to PC 207 occurs when someone moves another person a substantial distance against their will by the use of force or fear. Aggravated kidnapping occurs if the victim is under 14, the defendant asks for ransom, the victim suffers a serious injury or the kidnapping takes place during a carjacking. Aggravated kidnapping carries a life sentence. MANSLAUGHTER PC 192(b), Involuntary Manslaughter is the unlawful, unintentional killing of a human being during the commission of an unlawful act (not amounting to a felony). Involuntary manslaughter is a felony, punishable by up to 4 years in prison. PC 192(a) Voluntary Manslaughter applies to passion killings. This occurs when someone acts in the heat of the moment to voluntarily kill someone, but without the opportunity to think and form the intent required for murder. Voluntary Manslaughter is typically reduced from a charge of murder, and is punishable by a maximum of 11 years in prison. MURDER (More Homicide Info) Murder, under PC 187, is the unlawful killing of a human being with malice aforethought. First Degree murder is typically charged for intentional killings, killings by use of bombs and other destructive weapons or killings that occur (even unintentionally) during the intentional commission of a felony (felony murder rule). Second Degree murder is also willful, but not premeditated. First degree murder can be punishable by death if there are any aggravating circumstances present, including but not limited to: murder of multiple victims, hate crimes, murder of a police officer, judge, firefighter, witness, juror or elected official. First degree murder is subject to punishment of 25 years to life in prison. Second degree murder is punishable by 15 years to life. ROBBERY (More Robbery Info) For a discussion of Robbery, PC 211, please visit my article on California Theft Crimes If you or someone you know has been arrested for or charged with a crime of violence in Southern California, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney. We will discuss your case, the strengths, weaknesses, defenses and possible outcomes. You need a passionate, aggressive lawyer to fight for you. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar
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 LOS ANGELES GANG CRIMES LAWYER The first court appearance I ever made (while working for the Alternate Public Defender in San Diego) was a bail review hearing for a 19 year old client arrested for selling marijuana. At my client's arraignment, bail was set at $300,000 because of a tattoo he had on his forearm. The judge and prosecutor at his arraignment decided that his "M.O.B." tattoo meant "member of bloods" and decided to make his bail insanely high. My client assured me that his "M.O.B." stood for nothing more than "mind over body" and my lifelong obsession with hip-hop reminded me of yet another meaning: "money over bitches." After pouring through my client's police reports, I found a promising tidbit of information: my client was booked wearing a BLUE hat. Why judge, would a member of the Bloods have been wearing a blue hat? At bail review, I argued that no member of the Bloods would wear a blue hat and that "M.O.B." can mean "mind over body" or "money over bitches." After a roar of laughter from the audience in this felony courtroom, my non-gangmember client was released on his own recognizance. Bail went from hundreds of thousands of dollars to ZERO. What a great outcome for my first time in the courtroom. But I still could not understand why being in a gang made selling marijuana at a park more serious than rape or armed robbery. California is the birthplace of modern street gangs and LA has often been called the gang capital of the nation. With a long history of gang wars and violence, the California legislature developed very strict laws regarding gang membership. Mainstream society is terrified of the bandanas and face tattoos and the government sees these organizations as undermining their sovereignty. As a result, gang membership not only affects bail like in the case above, but is a crime in and of itself and can lead to substantially enhanced penalties. Legally, a criminal street gang is defined as a group of people who claim a geographic area, name or sign and together participate in criminal behavior. If you have been charged with any of the following gang-related offenses, you need a criminal defense attorney to represent you: PARTICIPATION IN A GANG PC 186.22(a) makes it a crime to participate in a criminal street gang and to assist in any gang member's felony conduct. So in addition to being charged with the principal offense, a suspected gang member will get a PC 186.22(a) charge added as well. GANG SENTENCING ENHANCEMENT Pursuant to PC 186.22(b), committing a felony for the benefit of a gang is subject to a separate and consecutive mandatory prison term. Prosecutors allege a gang enhancement when they believe that the defendant is the member of a gang and acted for the benefit of the gang. This enhancement is two to five years for nonviolent felonies and 10 years for violent felonies. Carjacking, drive-by shootings and home invasion robberies are subject to a 15 year gang enhancement. For example, if someone is arrested for selling marijuana, they would likely avoid jail time altogether and almost certainly avoid state prison. With the gang enhancement, however, the alleged gang member would have to serve at least two years consecutive to a prison sentence on the same crime. The "for the benefit of a gang" requirement has been read broadly enough to account for virtually any felony. Violent felonies, even if only personally motivated, are deemed to further a gang's goal of fear and intimidation. Vandalism will typically be assumed to represent some form of gang meaning. Crimes that bring the defendant money will be assumed to be money for the gang as a whole. I have seen the gang enhancement applied to drug sales, pimping and theft. Moreover, prosecutors may turn any misdemeanor into a felony if the misdemeanor is committed for the benefit of the gang pursuant to PC 186.22(d). This turns probation cases into state prison cases. (note: "probation" can include county jail time of up to one year, but not state prison time). These laws never sat well with me; nor do they sit well with the First Amendment's guarantee to freedom of association. And if you ask me, there is no more ominous gang than the Fraternal Order of Police. They band together to instill fear and terror in the citizens they are sworn to protect and will beat and otherwise brutalize anyone who interferes with even their illegitimate goals. If you or someone you know is charged with a gang crime or sentencing enhancement, there are some defenses available:
If you have any additional questions about how California law applies to gang activity, please contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES THEFT CRIMES ATTORNEY Theft crimes vary substantially in how they are treated by the courts and by law enforcement. Whether shoplifting a pack of gum or armed robbery of a bank, the law treats depriving another of their property very seriously. Especially when violence, the threat of violence or the possibility of violence is involved. Sometimes innocent people are falsely accused and sometimes otherwise good people make one mistake. All theft crimes are considered crimen falsi (crimes of dishonesty) and can greatly affect your criminal record, employment, and even ability to testify in court. Here is a breakdown of the different theft-related offenses under California law: LOS ANGELES PETTY THEFT LAWYER PC 484 and PC 488 make theft where the value of the goods stolen is under $950 a misdemeanor, petty theft. This is the most common theft crime charged in California. If the value of goods stolen is under $50, the misdemeanor can become an infraction. PC 666 allows the prosecution to treat Petty Thefts as a felony if the defendant has a prior petty theft conviction. In these cases, your attorney may be able to negotiate for a misdemeanor anyway. Theft of items worth less that $950 can also be Grand Theft, and can be charged as felonies if the property stolen is a car (Grand Theft Auto), the theft involves a firearm (Grand Theft Firearm), or the property is taken directly from the person of another (Grand Theft Person). With a strong defense, it is possible to win your case at trial or to avoid jail time with plea bargaining. LOS ANGELES GRAND THEFT LAWYER When the value of goods stolen exceeds $950, PC 487 provides that the defendant will be charged with Grand Theft. Grand theft is a "wobbler" and can be charged as either a misdemeanor or felony. Even if initially charged as a felony, it can later be reduced to a misdemeanor with a 17B motion or Prop 47 motion (if value below $950). Additionally, with a pending grand theft case, an attorney can argue the valuation of the stolen items or whether an item was in fact taken "from the person of another." Grand theft carries more severe penalties than Petty Theft and should be taken very seriously. LA RECEIVING STOLEN PROPERTY ATTORNEY PC 496 makes it a crime to buy, sell, conceal, or withhold any knowingly stolen property. If someone is found in possession of stolen property, even without any evidence of a taking, they can be convicted of Receiving Stolen Property. Like many theft crimes, PC 496 is a "wobbler" and can be charged as either a misdemeanor or felony. The best defense to this charge is to show that there was no way to reasonably know the property was stolen. Pursuant to CA Prop 47, receiving stolen property valued below $950 is a misdemeanor. This applies retroactively to already-sustained convictions. BURGLARY LAWYER IN LA (MORE BURGLARY INFO) Pursuant to PC 459, entering a structure with the intent to commit a felony (or any theft) inside constitutes burglary in California. This means that Burglary can be charged even when there is no theft. For example, if someone breaks into a business to vandalize, that can be charged as a burglary. There is no requirement that the defendant "break" in, steal anything or even commit any felony once in the structure. So long as the defendant had an intent to commit a theft or felony when entering, he/she can be found guilty of burglary. 2nd Degree Burglary (not of a residence), is a "wobbler" and can be charged as a misdemeanor or felony. As a result of CA Prop 47, commercial burglary, as a felony can only be applied to thefts of over $950, and thefts not at normal business hours. Shoplifting is shoplifting now in California, not burglary as has been charged for so long. If you or someone you know has a prior conviction for commercial burglary, you may be eligible to reduce your felony to a misdemeanor. Residential burglary (1st degree) is treated much more seriously because of the likelihood that the event may escalate into violence. Residential burglary is always a felony, a "strike" under California's three strikes law when someone enters an inhabited dwelling. Because intent is the key element to burglary, fighting a Burglary charge is possible. Intent to steal or commit another felony could have occurred after entry, making it no longer a burglary. ROBBERY (MORE ROBBERY INFO) Under PC 211, it is a felony (and a "strike") to take any property from the person or presence of another by the use of force or fear. This is the most serious of all theft crimes and is subject to substantial enhancements for use of a weapon, bodily injury to the victim. The force requirement can be satisfied even after the taking took place. For example, if a store catches and stops a shoplifter, and the shoplifter uses force to get away, they could be charged with robbery. Even stealing items of small value could go from a small, Petty Theft to a felony that is also a "strike". If you have any specific questions about California theft crimes not addressed above or are facing any of the charges discussed, contact my office for a free consultation with a Los Angeles Criminal Defense Attorney. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  PROPOSITION 64 UPDATE: California Voters passed a legalization bill that has overhauled CA marijuana laws. Adults over 21 may possess marijuana for personal use, and it is not criminal, not even an infraction. Prop 64 also made possession for sale, transportation and cultivation MISDEMEANORS instead of felonies. This applies retroactively, and old marijuana convictions for formerly felony offenses are eligible for reduction to misdemeanors. More About Prop 64 LOS ANGELES MARIJUANA LAWYER California is often associated with marijuana. While states like Washington and Colorado have legalized even recreational use of the plant, California is considered to be one of the most lenient states regarding marijuana laws. When I worked for the Alternate Public Defender in San Diego, one of my clients was granted probation after being arrested with over 300 pounds of marijuana. Try that in Oklahoma. Possession of small amounts of marijuana for personal use is not a serious offense in California. Health and Safety Code 11357(b) makes possessing up to an ounce of marijuana is an infraction, punishable only by a fine of $100. Additionally, loosely-defined medical marijuana laws privilege many Californians to legally possess, and even grow their own marijuana. Still, marijuana cases do make their way to court and marijuana users find themselves charged with a variety of different offenses. POSSESSION OFFENSES Possession of more than one ounce of marijuana is a misdemeanor and punishable by up to 6 months in jail and a fine of up to $500 pursuant to HS 11357(c). Possessing any amount of concentrated cannabis (hash, wax, hash oil, etc.) is punishable by up to one year in jail and a fine of up to $500 (HS 11357(a)). This crime could be charged as a misdemeanor or felony until recently, when CA voters passed Prop 47, a new law that means all simple drug possession, including concentrated cannabis for personal use, is a misdemeanor. Possession misdemeanors are often eligible for deferred entry of judgement (DEJ). PC 1000, more often used when other drugs are involved, can help you avoid a conviction for larger amounts of marijuana or any amount of concentrated cannabis. SALE and POSSESSION FOR SALE Possessing any amount of marijuana with the intent to sell it is a misdemeanor in California (without proper medical or recreational licensing). HS 11359 imposes very harsh punishments for marijuana sales. Someone charged with marijuana sales could get up to 7 years in prison (if sold to a minor under 15), but most people charged with marijuana possession for sale do not end up doing any prison time. Despite the severity of these charges, there are plenty of options to defend you in marijuana sales cases. First, the Fourth Amendment often invalidates searches. Moreover, undercover controlled buys of marijuana often run afoul of entrapment laws. Additionally, proving an intent to sell can be quite difficult for the government to do. Large quantities, scales, money do not automatically mean that marijuana is possessed for sale. Marijuana, like most drugs (or most commodities for that matter), is cheaper when purchased in bulk. Someone buying anything in bulk has an interest in checking the actual weight and may even divide it up to control their own personal use. If getting your sales charge thrown out isn't an option, there is room for plea deals that involve using a lesser charge. For example, DAs will sometimes agree to a lesser charge that seems less serious, helping to keep your record clean. Additionally, not having a drug sales offense is categorically different. Explaining a possession of hash charge is much easier and carries much less stigma than explaining a conviction for marijuana sales. CULTIVATION Growing marijuana, even for personal use, is a misdemeanor pursuant to HS 11358. If cultivation is for personal use, it may be eligible for Deferred Entry of Judgment (a delayed dismissal of your case). Marijuana cultivation cases often involve Fourth Amendment search and seizure issues. For example, since 2001, law enforcement officers are not permitted to use thermal imaging devices to detect indoor grow operations, but they are still doing it! Cops have been caught (infra)red-handed falsifying affidavits to get search warrants after scanning a house with unlawful technology. MEDICAL MARIJUANA For over 15 years now, California has permitted medical marijuana patients to use, and even cultivate, marijuana for a wide range of medical issues. HS 11362.7-HS11362.83 provide that patients may possess up to 8 ounces of marijuana or 6 mature plants. Having an up to date doctor's recommendation should protect you from arrest/seizure of your marijuana, but law enforcement officers do not always recognize these letters. Medical marijuana patients can, however, obtain county-issued medical marijuana ID cards that police must respect. Quick Facts: -Medical marijuana patients can get marijuana returned to them if confiscated -Probationers may be able to use medical marijuana while on probation -Medical conditions requiring medical marijuana are confidential -Patients and caregivers may transport medical marijuana -Medical marijuana patients are protected in possessing concentrated cannabis If you have been arrested for a crime involving marijuana, you should speak with a Los Angeles marijuana attorney to discuss your rights. OTHER DRUGS For information on California law regarding drugs other than marijuana, please visit a Guide to California Drug Crimes. If you or a loved one is facing marijuana-related charges, or has an old marijuana conviction, contact the Law Offices of Nicholas Loncar now for a Free Consultation. 213-375-3775. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES EXPUNGEMENT ATTORNEY Looking for a job after an arrest or conviction can be pretty stressful. You may have questions about whether to report an arrest, charge or conviction to prospective employers, while not being sure what kind of information they will have about your criminal history. Moreover, the effect a conviction will have on your criminal history, employment and state licensing and even deportation is one of the most important considerations you will have when dealing with a criminal case. UPDATE: CA VOTERS PASS PROP 47. Many former felonies are now misdemeanors. If you are currently serving a sentence, or have already served a sentence for a felony pursuant to PC 459 (commercial burglary), forgery (PC 470-476), Possession of a controlled substance (HS 11350, 11377), possession of concentrated cannabis (HS 11357(a)), or PC 666 (petty theft with a prior) you may be eligible to have your felony reduced to a misdemeanor. To discuss how Prop 47 can affect your prior conviction or new case, contact the Law Offices of Nicholas Loncar now for a Free Consultation with a Los Angeles Criminal Defense Attorney. 213-375-3775 Dismissal/No Charges Filed Naturally, the best outcome for a criminal case is to have a case dismissed or avoid the filing of charges altogether. And occasionally, this is possible. For most cases, however, you will have to defend your liberty and your record. If no accusatory pleading is ever filed, you may petition the court to seal/destroy your arrest record pursuant to PC 851.8. This is the best outcome as far as keeping your record clean is concerned. Winning at Trial If you win your case at trial, the not guilty verdict will mean that you have never been convicted of the charged crime. You will not be eligible for a sealing of your arrest record, however. Sealing a Juvenile Record Juvenile records are NOT sealed or destroyed automatically. But once you have turned 18 (or 5 years after you are done with your juvenile case, whichever comes first), you may petition the court to seal your record. Eligibility depends on the crime and whether the court believes you have been rehabilitated. Sealing a juvenile record will greatly help to restore your record. PC 1000 Most non-sales, non-violent drug offenses can be "diverted" under PC 1000. Not everyone is eligible, but first time offenders charged with drug possession crimes can often avoid a conviction altogether with PC 1000. Sales offenses are generally ineligible, but sometimes your attorney can negotiate a charge reduction to make PC 1000 a possibility. In this case, the court will put off its guilty finding for a period of 6 to 12 months. Upon successful completion of court ordered conditions, the case will be dismissed. The arrest and charge information remain intact, but you can honestly say you've never been convicted of a time. Prop 36 Prop 36 is often grouped in with PC 1000 because it is a program designed to help treat drug addictions rather than punish them. Prop 36 allows for drug treatment to take the place of incarceration for a drug possession sentence. Like PC 1000, Prop 36 is not available for drug sales offenses, but sometimes your lawyer may be able to negotiate a lesser charge. Expungement/Dismissal PC 1203.4 allows people who have been convicted of a crime to get the charge "dismissed" upon successful completion of probation. If you have complied with all conditions of probation and paid off all fines, you may be able to terminate probation early in order to get a 1203.4 dismissal. Reducing a Felony to a Misdemeanor Some felony convictions can be reduced to a misdemeanor with a 17B motion. If the initial felony charge was a "wobbler" (a crime that can be charged as a misdemeanor or felony), you can get what was once a felony to be a misdemeanor. Not being a "felon" does a lot for your employment possibilities, immigration status, state licensing and rights and privileges like voting and owning a gun. Certificate of Rehabilitation If probation is not granted in your case (you went to prison), you are not eligible for a 1203.4 dismissal or a 17B reduction to a misdemeanor. Still, you may be able to improve your criminal record with a Certificate of Rehabilitation, which also serves as an automatic application for a Governor's pardon. You may also apply for a Certificate of Rehabilitation if you were granted probation and have successfully petitioned the court for a 1203.4 dismissal The way your case is handled immediately after arrest and while charges are pending all the way through trial will greatly affect the way the event shows up on your record. Your criminal defense attorney negotiating the right plea deal can make later relief like a 1203.4 dismissal or a 17B reduction possible. Whether you are facing a pending charge or are concerned about being dragged down by your past, contact our office for information on how to help clean up your criminal record. Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES DRUG CRIMES LAWYER Drug possession and sales make up a big percentage of criminal cases in California. Even simply possessing certain drugs for personal use is a felony and can lead to time in State Prison. In addition to criminal sanctions, drug crimes can affect employment and even eligibility for federal financial aid (students must be very careful to avoid even a marijuana possession conviction if they wish to maintain federal student aid eligibility. In addition to being very common, drug crimes are notable for being the most likely type of case to be dismissed because of an unlawful search, illegally obtained search warrant, and other deceptive tactics by law enforcement. Despite the nature of drug crimes as generally being non-violent and even "victimless" crimes, they are heavily pursued by law enforcement agencies at every level. Police will lie, plant drugs, falsify affidavits to obtain search warrants and otherwise invade your Constitutionally-protected rights and liberties to make an arrest. It is important to know and assert your rights as explained here. If you are arrested for or charged with any of the following, contact a criminal defense attorney to represent your interests: LOS ANGELES DRUG POSSESSION ATTORNEY: PROP 47 UPDATE: All drug possession offenses are now misdemeanors. HS 11350 - Possession of a Controlled Substance Health & Safety Code 11350 makes possessing drugs like cocaine, heroin, ecstasy, Xanax, Percocet and more used to be a felony, but is now a misdemeanor. There are diversion programs that allow people charged with drug possession to avoid a conviction (PC 1000) or avoid time in custody in favor of drug treatment (Prop 36). While HS 11350 is a strict felony (not reducible to a misdemeanor), it may be possible to negotiate a reduction to a lesser charge (e.g. HS 11377) that can later be reduced to a misdemeanor. If you have a prior felony conviction for possession of a controlled substance, contact our office now to quickly get your felony reduced to a misdemeanor. HS 11550 - Under the Influence of a Controlled Substance Health & Safety Code 11550 makes it a misdemeanor to use or be under the influence of a controlled substance, even if you do not have any illegal substances in your possession. HS 11364 - Possession of Drug Paraphernalia It is a misdemeanor under Health & Safety Code 11364 to possess any drug paraphernalia, including pipes, bongs, needles, etc. This charge is often PC 1000 or Prop 36 eligible and often the result of an unlawful search that can lead to a dismissal. HS 11377 - Possession of Methamphetamine, PCP, GHB, etc. Most commonly applied to possession of Meth in Southern California, Health & Safety Code 11377 makes it illegal to possess Methamphetamine and other drugs. Like HS 11350, HS 11377 could previously be charged as a felony, but is now a misdemeanor due to Prop 47. Prior convictions under this section can be reduced to misdemeanors. If you or someone you know is currently serving a sentence for possession of a controlled substance, or who has suffered a prior felony conviction for this offense, contact the Law Offices of Nicholas Loncar now for a free consultation with a Los Angeles Criminal Defense Attorney. We can discuss your record and how any felonies may be reducible to misdemeanors, as well as other measures you can take to clean up your record, a.k.a. set the record straight. LOS ANGELES DRUG SALES ATTORNEY: HS 11351 - Possession of Narcotics for Sale It is a felony under Health & Safety Code 11351 to possess illegal drugs with the intention to sell them. Packaging, quantity, dealer paraphernalia (e.g. scales, baggies), large sums of cash, and other factors will determine whether someone is charged with possession or possession for sale. Sales offenses are generally not eligible for PC 1000 or Prop 36 diversion, but it may be possible to negotiate a lesser charge to keep your record clean and keep you out of jail. Possession of Methamphetamine for sale is usually charged as HS 11378. HS 11352 - Sale/Transportation of a Controlled Substance It is a felony under Health & Safety Code 11352 to sell (or even give away) illegal drugs. Like HS 11351, this charge is generally not eligible for PC 1000 or Prop 36 diversion. Nonetheless, you might still have strong defenses under Fourth Amendment search and seizure law or entrapment law. Sale of Methamphetamine is usually charged as HS 11379. HS 11379.6 - Manufacture of Narcotics Health & Safety Code 11379.6 provides the harshest punishments of all California drug crimes. It can apply to anything from pressing kief into hash up to operating a meth lab. These charges are very serious, but you may have defenses. The Fourth Amendment may make the search that led to an arrest unlawful. Marijuana laws are treated differently and are discussed in our post for Marijuana Laws. If you have been charged with a drug crime in California, you need a Los Angeles Criminal Defense attorney to assert your rights and defenses. Whether stopping the government from proving an element of the crime (for example, intent to sell) or getting all of the evidence suppressed due to Fourth Amendment violations, your criminal defense lawyer will work hard to fight the charges against you. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES DUI LAWYER Two glasses of wine with dinner can cost a lot more than the $20 you will pay at your favorite restaurant. Driving impaired is dangerous, and Mothers Against Drunk Driving (MADD) has effectively lobbied for very harsh DUI laws. The .08 limit doesn't leave much room for drinking when you have to drive. And in Los Angeles and Southern California, driving controls our lives. This Fourth of July Weekend, on Thursday and Friday nights alone, there were nearly 300 DUI arrest in LA county. That's about 6 DUI arrests per hour in one city. First, it is important to realize that getting arrested for DUI is scary and serious, but know that your life will move on. For the most part, you will probably keep your job, your friends, your life and your liberty. The process is very expensive and time-consuming, but you can overcome it. DUI cases are complicated. Not only does a DUI arrest usually trigger two separate charges in Superior Court (driving while intoxicated, and driving with a BAC of .08 or higher), but also a DMV automatic license suspension. If you are arrested for DUI, you only have 10 days to request a DMV hearing. The DMV hearing can save your license or at least delay your suspension to give you more time to make accommodations. In court, you will probably be charged with VC 23152(a) and VC 23152(b). You will want a passionate criminal defense attorney, who really wants to help you achieve the best outcome possible. Sometimes, negotiating a lower charge is possible and sometimes it is best to assert your right to a jury trial. Breathalyzers are not always accurate and there are many potential defenses to DUI charges. The first court date is called an arraignment. Your DUI attorney will get the police reports and chemical test results and begin negotiations with the prosecutor on your behalf. Similarly, you'll want qualified representation with the DMV hearing process. Your attorney will be able to challenge the probable cause for the stop and arrest and perhaps save your driving license. Speak to a DUI defense attorney (or several attorneys) about your case. Most offer free consultations and can give you a better idea of what defenses might be available to you. For a more detailed account of the common defenses your Los Angeles DUI Lawyer will argue on your behalf, review the following articles, part of my DUI Defenses series: Mouth Alcohol Rising BAC How Accurate are Breathalyzers? Did Police Follow Proper Testing Procedure Do Field Sobriety Tests Prove Anything Alcohol and Drugs are NOT the Only Causes of Bad Driving Sequence of a DUI Arrest The government has the burden of proving that you were under the influence of alcohol or a drug, or above the legal limit of .08 at the time of driving. Before the traffic stop even starts, the police officer is gathering evidence against you for DUI. The officer will follow you long enough to observe you on both sides of the lane, or maybe even touching or crossing over a line. This gives the officer the first piece of evidence that the government can use to say that you were driving under the influence. Upon initial contact at your window, the officer is looking for signs of alcohol, including the odor of alcohol, glassy or bloodshot eyes, the odor of marijuana, drugs or alcohol in plain sight, your speech, demeanor and more. If based on your driving pattern, smell and or/ any of the signs just mentioned, the officer may initiate a more formal DUI investigation. The officer will ask you to step out of the vehicle. At this point, the officer is already observing your balance and agility. The officer will then request that you perform a series of field sobriety tests. You may refuse these tests (and SHOULD!) Next, the officer will ask you to blow in a handheld breathalyzer called a "PAS" or "Preliminary Alcohol Screening" device. You should (and may) refuse this test as well. At this point, an officer must have enough evidence to have probable cause that you are guilty of DUI. Without field sobriety tests and without a PAS test, it can be difficult to prove that there was probable cause at the time of arrest. If there was not probable cause at the time of arrest, even if a later-performed chemical test yields a reading above the legal limit, the case in court can be thrown out and you can win your DMV APS Hearing. If the officer does arrest you for DUI, you will be given the option to provide either a breath or blood sample. A blood test is generally more accurate. If you believe that you are above the legal limit (or the PAS indicated that you were minutes earlier), you may opt for a breath test, as it allows your attorney to argue for accuracy more persuasively. The benefit to DUI suspects of a blood test is that a sample is retained, and can be re-tested by the defense. If the government fails to properly preserve a sample, then that failure by the crime lab can be used to call into question the validity of the test performed by the same technicians in the same lab. If there are multiple chemical tests (possibly including a PAS test or both breath and blood), the pattern between the different results may give rise to a Rising BAC defense. That is, the government must prove that your BAC was above .08 at the time of driving. A .10 two hours after driving might very well mean that you were at a BAC of .05 while driving. This would not be against the law. If you have been charged with DUI, you need an experienced, knowledgeable and aggressive attorney to fight for your rights. Call the Law Offices of Nicholas Loncar to discuss your case in detail with a Los Angeles DUI lawyer. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  When I last wrote about the constitutionality of K-9 Sniffs (Constitutionality of K-9 Sniffs), the US Supreme Court had not yet handed down a decision in Florida v. Jardines. In Jardines, the Court examined only whether a K-9 sniff at the front door of a home was a search requiring a warrant. They did not address roadside K-9 sniffs that take place during routine traffic stops, but found for the Constitution, holding that a K-9 sniff at a house is a search and does require a warrant. The majority opinion was written by Justice Antonin Scalia, known for his staunch conservatism, but a longstanding champion of Fourth Amendment rights nonetheless. Kagan, Sotomayor, Thomas and Ginsburg round out the majority in this 5-4 opinion. Scalia and Thomas are some of the most conservative justices the Court has seen, while Kagan, Ginsburg and Sotomayor are some of the most liberal. It is nice to see that the Court is focused on the law rather than politics this time around. As I wrote in my previous article, the Court's ruling in Kyllo (also a Scalia opinion) should have governed K-9 searches. Finally, the court at least recognizes that a K-9 sniff at a home will constitute a search and requires a warrant. Sorry cops - no more loophole. This is America. Can we at least have some of the rights we've been promised? The Jardines Court did not alter the Caballes ruling, which permits warrantless sniffs of cars during routine traffic stops. Does this mean the argument is over? Hopefully not. In fact, it was another recent opinion, not the Jardines ruling, that prompted this blog article. In US v. Taylor, the US District Court in West Virginia (a Federal Court), held that police may not "permeate" a car during a K-9 sniff. This practice involves closing the windows and turning on the AC of an automobile to make a K-9 sniff more likely to detect contraband. Police dash cams will start to uncover this practice as well as officer-induced false positives and hopefully bring an end to K-9 searches altogether. The law seems to be slowly falling into place. K-9 "officers" are still in active use in daily policing by local law enforcement agencies in Los Angeles and Southern California, but I would predict a decline in their use. As society begins to recognize the failed drug war, the constitutional rights violations carried out in the name of that war, and also recognize greater rights for animals, the use of canines by police departments should eventually come to an end. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  Nearly 3,000,000 Americans are currently behind bars. Roughly 1 of every 100 adults is locked up at the moment in this country. Compared with the rest of the world, it's a wonder we could ever consider ourselves the "Land of the Free." And the problem has gotten worse. The US prison population has quadrupled since 1980. The US has 5% of the world's population, but has 25% of the world's prisoners. China, a nation with four times the US population has less than 2,000,000 in prison or jail. Our government is more willing to take away the liberty of its citizenry than almost any other in the world. If Thomas Jefferson were alive today and made aware of these disturbing truths, he might consider writing a new Declaration of Independence. Further adding to the alarm, 70% of those incarcerated in the US are non-whites, with especially appalling numbers for black males. One in every nine African-American males is currently incarcerated. The graph above shows just how severe the problem is. If this were going on in another country - if one race was being so systematically incarcerated - we would call it a human rights violation. Even without the racial component, the US prison system offers a disturbing outlook, when compared with the rest of the world. At no point in human history, has any nation approached the roughly 3,000,000 inmates number currently in place in the US. Countries such as China and India, with nearly four times out general population, manage to maintain order without locking up as many people as we do. The US has the world's highest rate of incarceration per capita, and it is not even close when compared to other industrialized nations. Many European nations have less than one fifth of the US incarceration rate, with Germany having the lowest. Recently, the Netherlands has had to start closing its prisons due to declining crime rates. Their emphasis on rehabilitation, rather than pure punishment, has helped reduce recidivism and reduce crime altogether. In the US, nearly half of prisoners released will be back within three years. Paired with unparalleled police violence against citizens, one thing is clear: something is wrong with this picture, and significant reform is needed. In the meantime, I continue to defend one client at a time from an overreaching system in this self-described "land of the free." By making the system work for my clients, one at a time, I can make a major difference in individual lives. It is up to our judges, politicians and society at large to implement the major reforms necessary to help the US catch up to the rest of the world when it comes to dealing with crime. IMPORTANT LINKS: LA Sheriff's Inmate Locator Los Angeles Superior Court Los Angeles Police Department Los Angeles Felony Bail Schedule Los Angeles Misdemeanor Bail Schedule Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar  LOS ANGELES CRIMINAL DEFENSE ATTORNEY In a recent blog article, I explored the legality of K-9 sniffs. In that article, I concluded that despite the Court's permission of the practice, the Fourth Amendment would consider K-9 sniffs a search. Further, I urged that allowing law enforcement to sidestep the Fourth Amendment and the Court's ruling in Kyllo v. United States could have further-reaching effects on our privacy rights than we might think. 533 U.S. 27 (2001). In Kyllo, the Court held that law enforcement's use of infrared technology to detect illegal marijuana grow operations constituted a search and requires a search warrant. The technology does not enter a building, but allows law enforcement to detect the lights used to grow marijuana. Similarly, a K-9 sniff allows law enforcement to detect the presence of contraband in a building or vehicle. When police lack the probable cause or warrant to conduct a search, they are allowed to use a dog to see inside a car or building they have no right to enter. Real police officers cannot tell what's inside, and use the dogs in much the same way that they used infrared technology prior to Kyllo. Still, the Court found this practice permissible when it considered the issue of K-9 sniffs during traffic stops. Illinois v. Caballes, 543 U.S. 405 (2005). Next, in Florida v. Jardines, the Court will rule whether a K-9 sniff at the front door of a home constitutes a search. This decision may include reconsideration of Caballes, but could also affect how law enforcement will proceed with the use of drone technology for surveillance. Police do not need a warrant to fly over a property in a plane or helicopter, but drone technology permits closer, and perhaps even more discrete surveillance of a home. To what extend will law enforcement be permitted to use this technology to further erode our individual privacy rights? Currently, the FAA does permit use of drone surveillance by law enforcement. While not yet widespread, the decreasing cost of this technology could eliminate our expectation of privacy in our own homes. A window with its curtains drawn, even if 100 yards away from a public street or walkway, will no longer ensure privacy. Many states have begun to regulate the use of drone technology, but the legislation is mostly in the early stages. This is an important question of constitutionally guaranteed privacy rights and requires Federal government attention. US Representative Ed Markey (D-Mass.) has proposed legislation that would, among other things, require a warrant for drone use by law enforcement and would require publication of drone flights on a public website. If the bill passes, it will have gone a long way toward safe-guarding our privacy rights. If it doesn't pass, we're in for further erosion of our sacred rights as Americans. Either way, this is an issue likely to be before the US Supreme Court sooner or later, and one that must be resolved swiftly so as to protect our privacy rights. Cops looking inside houses with floating cameras would have Thomas Jefferson turning in his grave. Turning in his grave, drafting a renewed Declaration of Independence. This issue seriously threatens privacy. Drone surveillance should require a warrant. UPDATE: (By Lauren Noriega, April 14, 2016) The Use of Drones in Police Enforcement Although technology advances at lightning speed in this generation, many states are putting the brakes on use of that technology to police and enforce the law. This could be because there are unanswered constitutional questions regarding the use of such technology, or because citizens are uncomfortable with law enforcement holding technological power in their policing tactics. However, police utilizing technological advancements is an inevitable consequence, and some states are currently allowing the use of police drones. Drones are small, unmanned aircraft that can potentially carry out a long list of functions. Today, some drones are equipped with facial recognition software, infrared technology, and even speakers capable of monitoring. Drones are useful to police, because they allow law enforcement to chase a suspect without the danger associated with a police officer pursuing the suspect. Because drones are capable of doing just about everything, and because law and technology do not advance at the same speed, there are many open, controversial questions regarding the use of drones in law enforcement. One of the most controversial uses of police drones was first approved in the state of North Dakota – where it is now legal for police to fire “less than lethal” weapons from drones in the air. “Less than lethal” weapons include: rubber bullets, pepper spray, tear gas, sound cannons, and tasers. Those who argue against this use of drones say that even “less than lethal” weapons can be deadly depending on the suspect. For example, as of 2015, nearly 40 people had been killed by police tasers. Those who oppose the use of drones for administering less than lethal weaponry will be glad to know that drones are very expensive, and most departments simply don’t have the funding to obtain drones for this use. However, there are a still a significant amount of states that allow for this type of drone use. Drones not only have implications for their use in “less than lethal” weapons, but there are significant issues regarding current search and seizure laws with the use of drones. When drones are used as an instrument for domestic surveillance, there are obvious Fourth Amendment issues. The Fourth Amendment protects you from unreasonable searches and seizures by the government. Because drones are so highly sophisticated, the search and seizure laws come into play, but there are no specific rules regarding drones at this point. In fact, it’s likely that drones will create some loopholes around the current search and seizure laws until specific rules are in place regarding their use by the government. Throughout the course of history, courts have adopted specific rules regarding searches by aircraft and even drug-sniffing dogs. However, it took a significant amount of litigation for these rules to finally be adopted. In the interim, citizens were open to potential criminal liability through evidentiary findings by these modes of “technology.” The danger with drones is that their high level of sophistication opens them up to potential abuse by over zealous law enforcement personnel. Until there are applicable rules for searches by drones, the defendant’s fate is really up to their criminal defense attorney, the court, and the prosecutor. For this reason, it is extremely important for the defendant to obtain experienced counsel who understands Fourth Amendment history, the public policy behind the adopted rules, and the consequences these decisions may have on future privacy rights. Nicholas M. Loncar, Esq. Los Angeles Criminal Defense Attorney t: 213-375-3775 | f: 213-375-3099 Mobile: 323-803-4352 Nicholas.Loncar@iDefendLosAngeles.com 1200 Wilshire Blvd | Suite 406 Los Angeles, CA | 90017 www.iDefendLosAngeles.com By Nicholas Loncar |
"Mr. Loncar has a great reputation in the legal community. I highly endorse his service to anyone in need of legal help."
-Attorney Andrew Leone HOME | ATTORNEY PROFILE | PRACTICE AREAS | KNOW YOUR RIGHTS | BLOG | CONTACT | PASSION AND PERSONAL SERVICE The Law Offices of Nicholas Loncar, located on Wilshire Boulevard in Los Angeles, provide tenacious, passionate and affordable criminal defense to clients throughout Southern California. If you're facing criminal charges or are under investigation, contact our office today for a free consultation. LA Attorney Nicholas Loncar is deeply committed to criminal defense and fights hard for his clients in every case.
Law Offices of Nicholas Loncar
1200 Wilshire Blvd
Los Angeles,
CA
90017
Phone: 213-375-3775
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